Legal Opinion

People v. Merlino

Appellate Division of the Supreme Court of the State of New York

Decided December 29, 1988PublishedCited by 7 opinions

1Opinion of the Court

— Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Costellino, J.), rendered May 16, 1985, convicting her of violating Vehicle and Traffic Law § 1192 (2) and (3), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

We disagree with the defendant’s claim that she was denied a fair trial when the trial court allowed the prosecutor to introduce, on redirect examination, a statement precluded by virtue of a pretrial denial of the People’s cross motion to serve a late notice pursuant to CPL 710.30. When, as here, a party opens the door…

2Cases cited3 opinions

  1. People v. MelendezNew York Court of Appeals · 1982
  2. People v. ReginaNew York Court of Appeals · 1966
  3. People v. GiallombardoAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by7 opinions

  1. People v. SharpeAppellate Division of the Supreme Court of the State of New York · 1999
  2. People v. CoxAppellate Division of the Supreme Court of the State of New York · 1990
  3. People v. SinghAppellate Division of the Supreme Court of the State of New York · 1992
  4. People v. BaileyAppellate Division of the Supreme Court of the State of New York · 1990
  5. People v. VaughnAppellate Division of the Supreme Court of the State of New York · 1990

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